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EU Court Rules Austria DPA Needs More Independence from Gov’t

PRIVACY LAW—AUSTRIA & EU

October 19, 2012

The Court of Justice of the European Union (CJEU) has ruled that the Austrian government has not complied with EU law as it has not provided its data protection authority (DPA), the Datenschutzkommission, with “complete independence,” Out-Law.com reports. In order to attain “complete independence,” the CJEU ruled that DPA staff must not share offices with government officials; must not be required to provide the government with “unconditional” access to information about the DPA’s work, and an individual heading a DPA must not simultaneously hold other government positions. During a speech in Brussels, the European Data Protection Supervisor called the decision a “great day for data protection in Europe,” while also discussing the relationship between the proposed EU regulation and the e-Privacy Directive.
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